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October 22, 2019
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Superior Court of the County of Santa Barbara

Tentative Ruling

Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW
Clarissa Padilla vs Christian Olivares
Case No: 18FL01294
Hearing Date: Tue Oct 22, 2019 10:30

Nature of Proceedings: RFO

RFO: Modification Child Custody etc

Attorneys

Petitioner Clarissa Padilla [“mother”] in pro per

Respondent Christian Olivares [“father”] represented by Marcus Morales

Ruling: A parenting time modification is granted as follows: father to have every Tuesday from 4:30pm (father to pick up at childcare) till Wednesday 8:30am (father to drop off at childcare); every Thursday from 4:30pm (father to pick up at childcare) till Friday 8:30am (father to drop off at childcare); father to have alternating weekends Friday 4:30pm (father to pick up at childcare) till Monday 8:30am (father to drop off at childcare) with custody to remain as is [Joint legal custody and Physical custody with Mother]; communication shall be through Talking Parents.

Analysis

Mediation reports on 9/6 that no agreement was reached.

Father’s RFO

On 9/19 father filed his RFO [14 pages; have read it all] and seeks to change child custody and parenting time orders and to use Our Talking Parents to communicate; the hearing was set for 10/22/19; the minor child Amaya, was born 12/2017 the request is that the court order joint legal and joint physical custody with visitation to mother every Monday and Tuesday. Visitation to father and Wednesday and Thursday. Alternating weekends to both parents. All communication via talking parents. Father contends the present order were entered in 8/2018 [ordered sole physical custody to mother and joint legal custody with father and visitation time to father every other weekend from 9:00 am to 7:00 pm. every other Saturday and Sunday. Additional visitation time per agreement of the parties.]

In summary father testifies that the orders were made when Amaya was very young. She is now of an age when she can spend more time away from her mother. Mother agreed via text message to 50-50 custody of the child on an equal lime share basis as recently as September 2019, but has not backed out of that agreement. Amaya has been spending overnights with father. They have a strong Father-Daughter relationship. The sibling bond between fathers other child and Amaya should be promoted by ordering the same schedule with father for both children.

Father testifies that mother has violated their custody agreement; she has not only withheld his scheduled visitation visits, but has also breached the agreement they made about notifying one another when dating a new partner and having that person around Amaya; mother chooses when he can see Amaya despite the court order custody agreement.

Mother’s Response

Filed 10/7 [is 11 pages long; have read it all and will summarize]; mother does not consent to the orders requested; she does agree to a change to every Tuesday from 4:30pm (pick up at childcare) till Wednesday 8:30am (drop off at childcare); every Thursday from 4:30pm (pick up at childcare) till Friday 8:30am (drop off at childcare); alternating Weekends Friday 4:30pm (pick up at childcare) till Monday 8:30am (drop off at childcare); Custody; should remain as is. Joint legal custody and Physical custody with Mother. She agrees that communication should he made through Family Wizard.

Mother testifies child is about 21 months old; that the text in which father claims she agreed to 50/50 is not complete; but she did offer him more time and said she would consider 50/50 but the thread submitted did not capture the context of the conversation; text message was actually sent on 9/10/2019; in the full conversation it was her attempt to create a schedule with father; on a couple occasions she said she would sign 50/50 to get him off child support and ultimately do it in an attempt to stop his harassment; but she has maintained that the child should maintain her weekday routine in mother’s care; she is constantly being picked up and dropped off at childcare by father’s sibling.

Father’s Reply

Filed 10/17; it is 7 pages long; have red it all; she says mother has violated their custody agreement numerous times; mother has withheld his scheduled visitations and decides when it is appropriate to allow visitation with Amaya; mother does not deny withholding visitations in her response; instead, she states how important it is that Amaya have a routine due to fear of Amaya’s well-being; mother has been inconsistent in allowing frequent and continuous contact with daughter; causes inconsistency in Amaya’s life. Contends mother has no reasonable grounds in not allowing 50/50 visitation with Amaya other than of her fear of losing the parent bond she has with Amaya whereby she keeps Amaya away from him and decides when it is appropriate to allow visitation; he requests an official custody granting a 50/50 custody be ordered. Mother states that they use Our Family Wizard; he requests that communication take place on Talking Parents as originally stated in his RFO as Talking Parents is a no charge platform for them to communicate.

Court’s Conclusions

Father’s request for 50-50 is too dramatic a change for such a young child; the Court does not see there has been a material or substantial change in circumstances or that the best interest of the child would be served. Thus mother’s request for a modification to every Tuesday from 4:30pm (father to pick up at childcare) till Wednesday 8:30am (father to drop off at childcare); every Thursday from 4:30pm (father to pick up at childcare) till Friday 8:30am (father to drop off at childcare); alternating Weekends Friday 4:30pm (father to pick up at childcare) till Monday 8:30am (father to drop off at childcare) with custody to remain as is [Joint legal custody and Physical custody with Mother] mother’s request that communication should he made through Family Wizard is rejected and father’s request that it be through Talking Parents is granted.